Employer condemned to two compensations for manifestly unreasonable dismissal
On 3 December 2024, the Labour Court of Appeal of Brussels issued a judgment in response to a claim for manifestly unreasonable dismissal under the Collective Bargaining Agreement (hereafter CBA No. 109). The employee was initially dismissed with a notice period after which the notice period was terminated early, and the remaining notice period was replaced by a severance payment. For the first time, we see a court awarding compensation under CBA No. 109 for both the initial dismissal and the early termination of the notice period.
AI and authorship: Navigating copyright in the age of generative AI
In a previous blog post, we explored the principle under EU law that human intervention is a prerequisite for granting copyright protection to works created using generative AI tools.
The extent to which works qualify for copyright protection depends on whether they constitute a "specific and concrete form" and reflect the author's "own intellectual creation," resulting from their free and creative choices.
Wees de domste persoon in de kamer: hoe je er als bedrijfsjurist voordeel uit kunt halen
Als bedrijfsjurist ben je gewend om antwoorden te geven, juridische risico’s te beoordelen en strategisch mee te denken. Er wordt van je verwacht dat je de expert bent, degene die complexe juridische kwesties inzichtelijk kan maken. Maar wat als ik je vertel dat het juist loont om niet altijd de slimste persoon in de kamer te (willen) zijn? Sterker nog, er schuilt kracht in het bewust kiezen om de “domste persoon in de kamer” te zijn.
EHDS: EU Moves Ahead with Ambitious Digital Health Transformation
On 5 March 2025, the European Union published the European Health Data Space Regulation (EHDS), marking a significant advancement of digital health across the European Union (EU). The regulation will enter into force on 26 March 2025, with its provisions phased in gradually over the coming years. The EHDS is designed to reshape the framework for accessing, exchanging, and utilising health data across the EU, fostering greater interoperability, transparency, and efficiency in health data governance.
Commission launches Omnibus I package to relax ESG-rules
In February 2025, the European Commission introduced its first "Omnibus Package," designed to simplify and reduce the administrative burdens related to sustainability reporting and due diligence directives. This package outlines significant amendments to both the Corporate Sustainability Reporting Directive (CSRD) and the Corporate Sustainability Due Diligence Directive (CS3D).
Navigating the Belgian Accessibility Act
In November 2023, Belgium partially transposed Directive (EU) 2019/882 on the accessibility requirements for products and services (the European Accessibility Act). It was transposed through the Belgian Accessibility Act, amending several books of the Belgian Code of Economic Law (the CEL) and the law of 2 August 2002 on the supervision of the financial sector and financial services.
Compensation in case of dismissal of Data Protection Officer
A hospital decided to proceed with the dismissal of an employee who combined the roles of Chief Information Security Officer (CISO) and Data Protection Officer (DPO). Under the GDPR, a DPO cannot be dismissed or penalised for performing their duties. Although Belgian law and the GDPR do not provide for a specific protection compensation for DPOs, the court awarded a compensation equivalent to three months’ salary.
The European Commissionʼs Clean Industrial Deal: Reconciling Competitiveness and Decarbonization
On February 26, the European Commission presented its Clean Industrial Deal (CID). As a follow-up to the European Green Deal, the CID aims to strengthen the competitiveness of European industry while at the same time accelerating the decarbonization of the economy.
Greenwashing: when public procurement becomes fertile ground
Greenwashing has emerged as a major challenge in public procurement. While the European Union is tightening regulations with Directive 2024/825 on unfair commercial practices and preparing new legislation to regulate explicit environmental claims (the Green Claims Directive), public procurement is becoming both a fertile ground for misleading practices and a key arena for challenging them.
Grensoverschrijdende tewerkstelling: let op de RSZ-regels als werknemers ook buiten België werken!
De regels die bepalen welk land bevoegd is voor de sociale zekerheid (“aanwijsregels”) zijn vastgelegd in de Europese Verordeningen 883/2004 en 987/2009, die van toepassing zijn in de lidstaten van de Europese Economische Ruimte of Zwitserland.
New federal government: 20 upcoming employment law measures that employers must know about
On 31 January 2025, the new Federal Government (“De Wever I”, also called “Arizona”) reached a coalition agreement.
From absenteeism to dismissal: a legal guide for employers
Rising absenteeism due to incapacity for work is a growing concern for many employers. Such absences can significantly disrupt the organisation and productivity of a business. Faced with prolonged or repeated absences, employers often find themselves questioning whether dismissing an…
The Anti-Coercion Instrument: What Is It and How Europe Might Use It Over the Next Four Years
Since Donald Trump’s election to a second term as President of the United States, the possibility of U.S. trade measures against the European Union became more tangible.
Entry into force of the first obligations from the ai act: what are the implications?
The AI Act entered into force on 1 August 2024, and from 2 August 2026, most obligations must be complied with. However, the first obligations already entered into force on 2 February 2025. These obligations relate to prohibiting certain AI…
Unlock Key Legal Trends with the Legisway Benchmark 2024 Report
In today’s rapidly evolving legal landscape, staying ahead requires data-driven insights and best practices.